Highland Council Photography Procedures for Schools
These guidelines are intended to:
• facilitate photography for the business purposes of the council
• respect the rights of the individual
• safeguard child protection
• allow personal family photography where possible
• safeguard the Council and its staff
GENERAL
Photography can be carried out by authorised Council staff and other authorised agencies such as
commercial photographers, the press and other media, for the following main purposes:
• enrolment and registration
• teaching and learning
• assessment
• staff development
• publicity and promotion
• identification and security
• recording of events
The involvement of other agencies must be authorised by the Head Teacher, authorised officers of
the Council or by Corporate Communications, Press and Media Section.
Any authorised photographer must agree to:
• ensure that written consent has been obtained from a parent
• take appropriate measures to prevent unauthorised or unlawful processing of personal data,
as well as against accidental loss, destruction of an image or personal data (including
photographs)
• comply with the requirements of the Data Protection Act 1998
• use a secure storage area if storing photographs electronically
School handbooks should make it clear that the school recognises the issues of child protection and
personal privacy and that a policy aimed at safeguarding pupils exists.
A member of staff should always be present when using a photographer.
Photographs may not be used for any purposes other than those for which consent has been given.
Photographs contributing to the history of the Council, a school, or the community may be retained
indefinitely.
ELECTRONIC DEVICES WITH CAMERAS
Electronic devices with a camera including i-pads and tablets may be used at the discretion of Head
Teachers and under appropriate supervision to take photographs for the purposes of curricular
work. The use of cameras for all other purposes is prohibited in view of the risks inherent in such
use, which include the existence and/or distribution of photographs contrary to the wishes, welfare
and privacy of young people and adults.
PARENTAL PHOTOGRAPHY
Where practical, arrangements should allow photographs to be taken by parents and other guests
attending school sports, concerts and similar events. Parents are not required to comply with the
Data Protection Act when taking photographs of their own children, for their private use, at an
organised event.
Photography must not be allowed to upset the performance or smooth running of the event, affect
the health and safety of pupils and others, or interfere with the opportunities for pupil participation.
Parents should be reminded they are only permitted to post photographs of their own children on
social media.
Commercial copyright in a dramatic performance or musical will exclude any audio or video
recording by the public and in that event parents and their guests must be informed that the
infringement of copyright is strictly forbidden.
COPYRIGHT
Copyright and use of photographs must be carefully controlled by the Council, i.e. retained safely by
the school, or issued to the pupil or adult concerned or safeguarded by an officer of the Council.
Parents and any subjects of photography should be made aware that, when class or group
photographs are taken by a commercial agency, copyright is retained by the photographer.
The press and other media retain the copyright to their photography.
EQUALITY ISSUES
The Council has a duty to have regard for the need to:
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Eliminate unlawful discrimination, harassment, and victimisation;
Advance equality of opportunity;
Foster good relations
This relates to the nine protected characteristics1 of the Equality Act 2010: race, age, sex, sexual
orientation, disability, religion or belief, gender reassignment, pregnancy and maternity, marriage
and civil partnership2. It is recommended that consideration is also given to other groups, including
children and young people living in deprivation, young carers and looked after children.
Images should be balanced so that they represent the diversity in our schools and communities
Some people may have special requirements to help them understand and complete consent forms.
Arrangements must be made to cater for anyone who requires information to be translated into a
different language or supplied in other formats.
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Age and marriage and civil partnership apply the Council as an employer
In relation to non discrimination only.
CONSENT
In terms of the Data Protection Act 1998, the permission of all people, both children and adults, who
will appear in a photograph, video or webcam image, must be obtained before the photography
takes place.
Written consent must be obtained from a parent of a child.
Children in School – A Consent Form should be included in the school registration pack sent to
parents on enrolment of a child at school, to cover the period that the child will spend at that
particular school. The consent form could accordingly be valid for up to 7 years.
The Consent Form for Children in School concerns photography:
• to be used within the school in promotional literature, displays and publicity, including
promotional videos
• which will be used in promotional literature, displays and publicity materials and on the
school’s or the Council’s internal and external websites
• photography by the press when they are invited into schools to cover events celebrating
success, and
• photography by parents at school plays, concerts, prizegivings and other performances or
sports events, etc.
A parent must complete the form indicating whether or not they agree to their child’s photograph
being taken for the purposes detailed in the form.
Where parents refuse permission for filming/photography, pupils should still have the opportunity if
they wish of being involved in the event/activity for example through having a “backstage” role in a
school production. Where pupils do not wish to be involved then an alternative activity should be
identified.
Photography by the press is exempt from the Data Protection Act. If the press are likely to attend an
event involving children in school, parents should be informed. The Consent Form for Photography
of Children in School covers such consent.